[Internal Memo] Regarding the Jury Verdict in California

[Internal Memo] Regarding the Jury Verdict in California

On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung's position regarding the verdict:

We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company.

Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers.

However, the judge’s final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted.

The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents.

History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.

We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.

It’s unheard of that a company that profiles itself as being “the most innovative company in the world” uses a patent war to try and cripple competition.

In the end it takes from us the freedom of choice. To simply choose the product we like, with features we need from a brand or company we can identify with.

I wish you all the best and i’m sure you are not only supported by the owners of your products, but also from all other to finally see the real face of Apple.

Wishing you nothing but the best,

Paul.

Pablo

Cripple competition? Apple is protecting its intellectual property, which it is legally entitled to do. Samesung’s slavish copying of Apple’s products was documented in evidence for all to see.

Apple has not crippled competition, the features on Samesung’s phones such as rubber banding and pinch to zoom belong to Apple and Apple is entitled to compete in the market with those features exclusive to its products, rather than tolerate Samesung’s infringement of its intellectual property.

I think you need to see the real face of Samesung: its phones all looked like Nokias before the iPhone came along, leading to Samesung’s crisis of design. Google even told it to change its designs because it could see it was ripping off Apple. But that was not enough, Samesung even featured the same young girl in its Galaxy ads that Apple cast in its iPad ads; there is no way that is merely a coincidence; and its new Samesung store in Sydney uncannily resembles the Apple Store down the road, right down to the blue shirts worn by staff. You need to see the real face of Samesung, thinking similarly.

Paul

Thanks for your reply Pablo. Some features like the “pin to zoom” and “rubber banding” were available long before Apple patented them and to be honest, they shouldn’t be patented at all. Especially not when patented to prevent innovation by competitors. These kind of patents are too general, and essential for the functionality of a device.

Imagine that someone patented pressing a button to turn on your TV, or someone patented the rectangular shape with small bezel like all computer monitors and TV’s. The same goes for laptops, cars, normal phones, set-top boxes, amplifiers, loudspeakers and off course, your electrical toothbrush.

It’s true and admirable that Apple set higher standards for mobile devices, and they were the first to manage to build impressive hardware into a small minimalistic housing.

The only thing Apple is protecting are their disproportional profits as they now know customers are aware of the fact they can get better hardware for a lower price and with Android getting mature a more then equal operating system.

rogue

Okay, then Apple should be guilty of stealing the mouse and the GUI interface from PARC.

I support Samsung in its legal battle against the evil empire. As a first step, I am unfriending my Facebook friends who use Apple products

calebbakertv

Hahaha. Evil Empire??? Who sells more phones? Samsung. Which company is larger? Samsung. Which company has their foot in more industries? Samsung. And Apple is the evil empire??? Here’s the truth, Apple makes one phone and it is competing in a market where all it’s competitors have hundreds of fragmented product lines they are pushing out as fast and crudely as they can. Apple is not the evil empire. They are a company that focuses on functionality, style and simplicity. They spent years (decades in some cases) developing the concept for the iPhone and iPad. They didn’t rush into a market. They took their time and perfected some incredible products and their market numbers reflect their success. No other company in the world has so few products and so many sells. The reason Apple sued Samsung was not to stifle innovation. They sued them to create more innovation. Samsung will not have the option to piggy-back on years of R&D from other companies. They now have to go back to the drawing board and spend a few years coming up with something truly original and new. Google sent repeated letters to Samsung requesting that they stop copying Apple because they new Apple would eventually take them to court. Those letters were used in court to show the jury that the company that makes the Andriod OS for all of Samsung’s products was also calling them out. When your competitors and your partners are saying, “Seriously, you need to stop stealing other people’s ideas” it’s time to take the advice to heart. This “spanking” should help Samsung alter their behavior and focus on making contributions to the market that aren’t cheaper knock-offs.

matthew

THIS is what this samsung fanboys dont understand

Den

If Samsung had innovated like they say they did their software designs would not look like Apples. Look at Nokia/RIM/Windows 7. Those phones look nothing like Apples iPhone. They are innovations a.k.a a different way of doing things. Samsung is a thief that waited for the most successful smartphone and then copied it in 4 months after iPhone was released.

Samsung was in the phone business much before Apple and if as they say Apples designs are obvious then why did they not release such phones before the iPhone? Were they sleeping? If they had released the Galaxy line of phones before the iPhone then I would have believed these cheats.

I equate Samsung phones to cheap knockoffs of the iPhone that you can buy from the grey market.

Kevinm

YYYaaaawwwwnnn. Another Apple fanboy…

rdx

YYYaaaawwwwnnn. Another Samsung fanboy comment…

anonymouse_user

Look at the trends for cell phones. When the clam shell style was popular everybody was making clam shell phones. If Apple would have created the clam shell phone first then nobody would have been able to make a clam shell phone. When the sliding keyboard phone became popular, every company made a keyboard which slide out…

Apple is strangling innovation. In war we starve the enemy by restricting their supply lines. Apple is doing this right now by buying aluminum mine’s and suing every company coming out with similar products. If Apple has their way there won’t be another company which makes glass, batteries, screens, connectors, and any other standard part of a cell phone or tablet.

URNumber6

The physical design of the iPhone looked like the LG KE850.
Symbian had grids of icons years before the iPhone existed.
Every major upgrade to iOS only introduced a feature already on NOKIA smartphones before the very first iPhone even existed.
The first iPhone was only 2G, it was so backward it was already obsolete in some advanced markets on the day it was released.

There is no ‘innovation’ in an iPhone, just a patronising, dumbed-down, Fisher-Price like interface on a mega-expensive feature phone.

I got an iPhone 3G given to me, I tolerated it for a while but then sold it and returned to a NOKIA Symbian smartphone, the limited functionality of the iPhone was just too frustrating for me. No USB OTG, no USB MS, no full bluetooth connectivity to any device, no file manager, no scripting layer, no SD card support, the list goes on and on and on…

Now NOKIA has pulled out of smartphones altogether and shrunk itself to a tiny producer of Windows feature phones the only real option for smartphone fans is Android.

You like your expensive feature phone, that’s great, I’m happy for you, but stop pretending there is confusion between it and the powerful smartphones Samsung produces.

People who buy Samsung know what they want – a true smartphone.

OMG

So, if what you say about the iPhone is true, why did Samsung copy the iPhone so blatantly?

URNumber6

They didn’t ‘copy’ it, they made sure they surpassed it and did so by a very wide margin.

I
think Apple and its fan boys must go look on Youtube at movies that compare
Apple and any Samsung phone. The designs are not even close. You can immediately
spot its different phones. I was following this case and was just silly to see all the so called “evidence”. But to be expected… An American company
in an American court with American judge and American jury… no way Samsung
could have won in America.

Lrgl33t

I wouldn’t put it past Apple to bribe the jurors under the table. Why wouldn’t they. They always play dirty.

Dude gh

Samsung were found guilty of bribing politicians by a KOREAN court, dude.

chaicka

Samsung has a proven track record of corruption and prize fixing. Check out the memory module price fixing case and its top management executives involvement. There are other cases too.

Pablo

Yes, and it is all part of a one-world government conspiracy. Quick, better turn off your Samesung iGalaxy phone!

The only ones playing dirty here are Samsung and a jury pooled from ordinary citizens called it.

Jon the Horrible

Ordinary AMERICAN citizens, ’nuff said…

Pat

Good points. Very good points!

Pablo

No, it was hard evidence. And a jury trawled through it and found for Apple. The side-by-side comparison report, the email correspondence, heaven and earth “crisis of design,” Google telling them to change their designs. Hell, Samsung even used the same young girl in its Galaxy Tab ads who Apple featured in its iPad ads, and then there’s the so-called Samsung pseudo “smart case” for the Galaxy which bore an uncanny resemblance to Apple’s Smart Covers.

And, as AllThingsD pithily observed, “Samsung opens new Apple Store in Sydney,” they open a Samsung store, down the road from the Apple Store in Sydney, make it look like the Apple Store and even dress their staff in the same style blue shirts, claiming this is the model they use for stores around the world. I challenge Samsung to point to one other store in the world opened before their Sydney store, Hell, opened before any Apple Store that was so modelled.
As to your claims about the American Company, Court and Jury, explain then why a Korean court has found Samsung infringed on Apple’s patents in its products, why a German Court, a Dutch Court and also an Australian Court similarly granted an injunctions? They did not even win in their own country!

Anthony

Trawled over hundreds of legal documents in three days? Sounds about right.

I agree Samsung copies, do I think Apple should be awarded a billion dollars in damages and be on top in all their patents? No, the patent system is a joke.

I feel Apple had home field advantage. Not as much as others put it but Apple is a very high profile American company. I guarantee you I could find more people that know who Apple is compared to Samsung (of course Apple has worked hard to achieve this notoriety). The court case was also held in Cupertino where Apple has its HQ. Jury is inevitably going to be selected from the population that occupies Cupertino. Even though they tried to find an “unbiased” jury I think it’d be a stretch of the imagination to think all 12 jurors were completely unbiased going in.

Samsung also did win in their own country. Korean Court said both companies were infringing on patents. American court said Apple isn’t infringing on any even though they clearly are but they’re infringing on patents that have become “industry standards”.

In the end my opinion is that the jury was wrong. The patents should be looked at and reviewed by a panel of experts. I don’t doubt Samsung will still be infringing on some if they don’t change some of their more blatant copies. But I thought the Diamond Touch tablet having pinch-to-zoom technology a year before the iPhone came out was pretty strong evidence of prior art but the jury thought otherwise.

Roger_Ramshit

A bn dollars for both Samsung and App,e don’t count for much…..it is the punch in the stomache to their reputation that will really hurt them…..and they deserve it because there are many companies they have been ripping off but only a few can afford to litigate.

Roger_Ramshit

They announced a store in Canada a few weeks ago but sadly it was just a rip off Apple stores as well including down to the same blue t-shirts.
Must be hard to work for a copycat company. Motivation must be low at the moment.

Muscione

You’re right- samsung phones are not nearly as elegant, reliable or well manufactured as iPhones- they are cheap oversized clones made specifically for nerds who like to plod through terrible user interfaces- you know, like windoze

Roger_Ramshit

If I build a car and put a BMW logo on it you would be able to the difference….and yet this is not allowed…..I wonder why?

Ard

This case is not about a logo. This case is about bouncy edges and stuff like that, that has been around before Steve Jobs got famous.

Jon the Horrible

If you draw a rectangle with round edges and show it to a child, they will say it is a rectangle. If you draw a button at the bottom of it, they will say it’s a phone. I seriously doubt that they will say it is an iPhone!

Samsung….Carry on doing what you do….. Your mobile phones are the best…. I currently own the Galaxy nexus, most amazing phone i have ever owned…I would never want to be living inside that “Apple Bubble” Samsung compared to Apple phones… there is no comparison… samsung win hands down each and every time……

Lrgl33t

If you read Android phone reviews, look at how many are pleasantly surprised by how good the Android system is. I find it interesting that so many say “This is so much more user-friendly than Apple’s OS” or they say “Former iPhone user, this thing is much more advanced and it’s my first Android phone.” Read those comments. It doesn’t surprise me and I’ve used an iPhone several times. Its navigation and menu system have never been updated while Android is on version 4.0!!

Den You are wrong in everything you say,… Apple are the thieves… Look at the Ipad, a cheap copy of Microsofts Touchscreeen Tablet from 2002… Sorry were apple sleeping then….. All apple do is use and abuse the patent laws to get ahead.. And they do this because they are scared of the real competition such as Samsung and Nokia…. Stop living in that Apple Bubble… Who wants any product that is so tied up to Itunes….

Den

Im not sure how the iPad is a cheap copy of Microsofts Touchscreeen Tablet from 2002. That product was an utter failure and the market rejected it. Samsung could have come up with a tablet first. They did not. They could have come up with a blockbuster Galaxy first after all they provide the screens and chips to apple. They did not. The reason is it is easy to wait for someone else to take the risk and spend huge amounts in R&D and wait and see if they are a success. Then when you are sure that there is a market create a product that is similar and say that you innovate? Im sure Samsung has innovated in the past but in the case of tablets and smartphones they are just riding on others success.

How would you feel if you spent years on refining a product and patenting its features and within 3 months of launching it someone sees that you are successful and starts doing the same thing without having to take the risk.

Even though the Microsofts Touchscreeen Tablet existed first you should note that it failed. It is a risk to invest in something that was rejected by the market earlier and innovate to make it a huge hit. Something Samsung would never do.

This should not be looked upon a defeat, Samsung has gained global recognition with this and has to build on this. We know that Samsung has innovated much more than Apple, in fact Apple has not innovated anything just borrowed from others.Basically for me Samsung smart phones are far more user friendly and can be customized the way we want and performs far better. Never will I buy an Apple product any more. Keep up the good work Samsung, we the consumers are with you.

Pablo

Yeah, Tusker you have your facts mixed up buddy. Rubber banding and pinch to zoom are Apple’s. It is others who have borrowed from Apple, or in this case stole from Apple.

The only patented innovations you might reasonably point to are FRAND encumbered and patent exhausted. And I doubt you have ever bought an Apple product anyway, so seems to me your moral high ground is hollow!

Digitalstereo

The irony behind your post is; pinch zoom was first showed by Diamondtouch years ago. Take your Apple fanboyism to an Apple forum where people will agree with your ignorance.

Seems to me you try to portray yourself as an intelligent tech savvy person, in the end you know nothing about technology and the history behind it. Typical Apple user.

I refuse to buy any Apple product as they are in the business to put businesses out of business. Why else would they buy an aluminum mine and sue every company making similar products. I am glad Apple didn’t invent the steering wheel or we would not be able to drive.

The Samsung Galaxy I and II (I owned both) were better phones than the Iphone on those days. It was an enhancement and not a simple copy. Apple want’s to be the only one who could make touch screen bar phones because they claim being the inventors? it’s like Ford suing Hyundai for making cars with four wheels.

JasonR704

When you own the rights to the invention, you become the inventor in the legal system. Apple was smart enough to know which inventions to acquire and thus is technically the inventor. They’re just playing by the rules put in place and the US justice system just confirmed that.

Rogue

Never heard of “prior art”?

Ard

Well, apple just patented what others have demonstrated to them. They did not invent any of those patents, they just merely took the time to patent the stuff they were shown. And with the new laws in the US (since this year), that’s legal. Under the old law, you cannot patent techniques from somebody else if that has been publicly shown to you.

“The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs.” But the U.S. trial produced reams of new evidence concerning Samsung’s concentrated efforts to emulate the iPhone. The email message from Google discussing its unease with the degree to which Samsung’s android products resembled those from Apple was reportedly given special weight by the jury, but it was never before seen in a judicial hearing.

Frits

So, samsung is innovative ? sure they have made some great improvements in the mobile industry.. but right now almost everything on the mobile phones comes from google and apple, before the iphone 1 we had unlogical scrollbars instead of the push to scroll we have right now, pen touch screens, phones with keyboards and internet that could only display text. the first phones samsung produced right after the iphone was released were ripoffs… look at the f700 the one i had for 2 years with agony because the operating system just sucked. samsung has the benefit that Google is a great innovator but if they didn’t had google, samsung wouldn’t had been such a huge player on the market right now. great design phones does not make a great phone

David Gregory

If we had to rely on SameSong ‘innovation’ we would all be using bag phones that weighed in pounds instead of ounces. SameSung should stick to Refrigerators- I have one and it’s quite nice.

Chris

I have a samsung refrigerator and it has broken down on me twice in 5 years = pitiful. Looks good, works like crap. (ps I ordered a replacement part for the latest breakdown and the part will come from “whirlpool”- that is how blatantly samsung ripped off whirlpool refrigerators!

Digitalstereo

Why on earth would you buy a Samsung fridge? If you know anything about brands you buy what they specialize in. Samsung is a media expert. Meaning if you’re going to buy a Tv make sure it’s a Samsung. Other than that, you my friend made a pretty dumb decision.

rogue

Really? Are you actually that dumb? Samsung makes Whirlpool-branded” refrigerators for Whirlpool. Just like Panasonic makes vacuum cleaners for Sears. .

chaicka

Totally agrees. Samsung is good with hardware design but suck to the max with software. Without Android, its mobile phones sucks in usage.

Selvin

just one small thing … Samsung release F700(feb 2007) before Apple iPhone(jun 2007)

Ard

Samsung has been a great contributer to linux (which also means android) in general. They have maintained the MMU-less linux-kernel for years, which was great for a lot of other companies.
Don’t you think it is nice that if you power on your camera that it’s immediately ready to record? Part of it is thanks due to Samsung, and their believe that MMU-less is much faster than using an MMU.
Samsung has in that respect made your world a much better place without you ever paying for it. (In that respect, a lot of companies did, of which apple only contributed a little on the browser). And these are only the things I know of.
And you are talking about a way to unlock? That’s only 0.00000000000001% of the innovation that went into your phone.

Only US they lost this stupid suite, because apple is a US company. $1 Billion for a square with curved design ???

Then the guy who invented ZERO should be given trillions of dollars. Please

matthew

if it is just a square with curve design, how come samsung need to copy it? why can they just create their own square with a different design?

Reason

A triangle??? Non sense! No one can be punished by use a square… It’s natural that smartphones to have a square design… carry on samsung! You’re the best!

Pablo

A Korean court also found Samsung infringed on Apple’s patents in the same vain finding infringement on Apple’s part (on FRAND encumbered and patent exhausted claims, mind you). A court in Germany, as well as a Dutch Court and even the Federal Court in Australia handed down injunctions barring the sale of Samsung’s products. So this argument that it was American bias does not hold water.

You all are acting like Apple is some sort of evil empire beating up the little guys. Evil Empire??? Who sells more phones? Samsung. Which company is larger? Samsung. Which company has their foot in more industries? Samsung. And Apple is the evil empire??? Here’s the truth, Apple makes one phone and it is competing in a market where all it’s competitors have hundreds of fragmented product lines they are pushing out as fast and crudely as they can. Apple is not the evil empire. They are a company that focuses on functionality, style and simplicity. They spent years (decades in some cases) developing the concept for the iPhone and iPad. They didn’t rush into a market. They took their time and perfected some incredible products and their market numbers reflect their success. No other company in the world has so few products and so many sells. The reason Apple sued Samsung was not to stifle innovation. They sued them to create more innovation. Samsung will not have the option to piggy-back on years of R&D from other companies. They now have to go back to the drawing board and spend a few years coming up with something truly original and new. Google sent repeated letters to Samsung requesting that they stop copying Apple because they new Apple would eventually take them to court. Those letters were used in court to show the jury that the company that makes the Andriod OS for all of Samsung’s products was also calling them out. When your competitors and your partners are saying, “Seriously, you need to stop stealing other people’s ideas” it’s time to take the advice to heart. This “spanking” should help Samsung alter their behavior and focus on making contributions to the market that aren’t cheaper knock-offs.

neuromancer2012

from Calebbakertv: “Samsung. Which company is larger? Samsung. Which company has their foot in more industries? Samsung. And Apple is the evil empire??”

You purposely omitted the fact that Apple makes more profit and revenue off their phones than Samsung does. Since when do rounded corners constitute a patent infringement?…That would be like Ford suing all other auto manufacturers for using the wheel. Apple, “The most profitable company ever” according to “analysts”. Apple, the company that chooses to litigate rather than innovate. Apple, the company that through its recent actions, will create more Apple Haters…I can almost guarantee that. Yes, Apple is the evil empire.

calebbakertv

This shows how little you understand about the lawsuit. It has nothing to do with rounded corners. Do your homework. Google warned Samsung. Windows didn’t risk it and they paid Apple to license their tech. Motorola has done the same. Samsung wouldnt follow the rules so the legal system said, “Pay Apple a billion dollars and stop selling every product that infringes”. And the rest of the world looked at Samsung and said, “Told you so”.

Pablo

No, Microsoft is the evil empire ;-) Apple is an innovator and did innovate, it revolutionised personal computers with the iMac, laptops with the MacBook Air, mobile phones with the iPhone and tablets with the iPad, and Samsung slavishly copied those innovations. The evidence speaks for itself; email correspondence, crisis of design, heaven and earth, the pre- and post-iPhone designs, Google even telling them to change the designs, using the same young girl in their ads as Apple featured in its ads, cloning an Apple Store on George Street, Sydney.

Apple needs Samsung to make the iPhone and iPad. Period. Samsung is the sole supplier of Apple’s processing chips and without Samsung, they can’t make these products,” said James Song, an analyst at KDB Daewoo Securities in Seoul. “Samsung might be considering lots of options to leverage its components business’ importance and pressure Apple, and Apple could be also well aware of this.”

calebbakertv

Do you realize how much more money Samsung would lose if one of the biggest buyers of their ram and ssd’s started buying from other companies? That would make this lawsuit seem tiny in comparison. And guess what? Apple has been slowly shifting it’s supply channels away from samsung to other companies. Apple doesn’t need Samsung. Samsung desperately needs Apple (especially now that 7.69% of all the money they had in the bank is about to be in Apple’s account.)

David Gregory

Apple could hire a foundry for it’s chips tomorrow. Same for memory chips, displays and the rest. SameSong needs Apple as an R&D department to copy.

Raflesha

dont you just think apple is not well aware of that? it that’s the case apple should have not sued samsung, i think that’s not true…

”
when its primary means to competition has been the outright abuse of patent law”. Shut up Samsung! You’ve dared to copy and you’ve been rightfully fined for it! Now you dare not try to take away credit from Apple for the legendary products they’ve built. Apple’s “primary means to competition” has been products that are beautiful and delightful, and not “outright abuse of patent law”. Once again, shut the hell up!

Nice corporate boilerplate PR, but SameSong has been shown to be nothing more than another ripoff copy house. As an Apple shareholder it made me very mad to see the IP ripoff of both Fandroid and the even greater ripoff fashioned by SameSong.

The company shows it has no class, no honor and no code- having stabbed a huge customer and business parter in the back. After having been ripped off by Microsoft in the 1980’s, what would have made anyone at SameSong think Apple would not take legal recourse? The lawsuit revealed the fact that SameSong also rejected a licensing deal from Apple shows how pervasive the greed, hubris and arrogance at SameSong actually is.

I think SameSong has underestimated the long term backlash it’s unending aping of Apple and outright theft of IP will be. I own a number of Samsung products- but will not buy any more. I am not alone and that will become apparent over time as millions reject a poser company that claims the rightful work of others as it’s own innovation and then has the gall to dispute those charges in court.

That’s the best thing I’ve read today!
Now back to our regularly scheduled flaming of all things Apple.

Techpm

You’re confused Samsung:

History has shown there has yet to be a company that was won the hearts and minds of consumers and achieved continuous growth, when it’s primary means of competition has been blatanly copying other companies. Those just last until the next cheaper copy comes along.

My advice in dealing with US lawyers, be careful. They will want this to go on and on at high billing hours. They will pad their advice with optimism, as I’m sure they have previously. A better approach is to fire them and plow that same money into R&D.

Pat

Based on how the American legal community is reacting to this, expect a complete about face from the California Courts as the Jury was ill prepared or equipped to render a judgement in such a complex case. The Foreman’s comments will doom the verdict. He talks too much and clearly has the verbosity to influence others as he apparently owns a patent of his own and that made it hard for him to not side with Apple.

All this to say, that I probably have more Apple products that most of you on here hence my points about Samsung are not to discredit Apple but rather to draw attention to just how big of a stakeholder Samsung is within Apple. If I ran Apple, I would of found a different way to do this. This said, the Courts will be playing around with this case well into 2015 or so and Samsung will have launched their Galaxy S10 by then.

Pablo

One juror owning a patent does not raise the likelihood of him siding with Apple or against Samsung. Samsung own patents the same as Apple but Samsung’s are FRAND encumbered and exhausted.

Whichever way the case went, it was always going to go to appeal but that will only raise the amount of damages owed by Samsung. The CAFC is unashamedly pro-patent and has been so for decades now, shifting from its anti patent stance in the 1980s; what this means is that Apple will have billions more owing to it when it finally wins the appeal that will inevitably be brought by Samsung.

If you want evidence of this just look at Judge Lucy Koh’s denial of an injunction for the Galaxy Tab which was overruled by the CAFC and remitted to her on appeal from Apple. Koh herself, I would suggest is biased towards Samsung; some of her rulings in its favour suggest as much, such as on the jury instruction on destruction of evidence – Samsung’s email system automatically deletes emails, likely destroying key evidence in the case, whereas Apple’s does not automatically delete emails, it retains them. Yet Koh ruled Apple destroyed evidence on the same basis as Samsung. Where does she figure this? I wonder what mobile handset she owns?

Itamir

Apple is down, doesn’t innovate and try to won money by patent abuse… This decision is bad, really bad! Certain it will impact on consumers. Why didin’t apple process Sony? Simple answer, Samsung is dominating the smartphone market, and still growing fast on tablets, tvs…

Pablo

Or maybe Sony wasn’t slavishly copying the iPhone for features and looks!

chaicka

I vouch not to purchase a single Samsung product for the next 3 years, and possibly longer if Samsung does not walk the talk to prove that Samsung can be an innovator, not just a imitator (copying from RIM, then now Apple, and probably whoever is the next big thing).

Pablo

Well said.

Jon the Horrible

cock

Samesong

Since when does protecting one’s patents qualify as patent abuse? Apple is not abusing their patents because they are not standards essential. Samsung is guilty of patent abuse for suing over their FRAND SE patents.

Pablo

Too right!

Jon the Horrible

head

Ard

Those are counter sues. And those are “real” technical patents. Apple didn’t sue over a technical patent. They sued over bouncy edges that they have “stolen” from somebody else. (Not so much stolen, as more like a normal technique that existed before they knowingly patented it).
To be clear: an asian company would probably never sue over looks, because in asian culture it is a clear tribute if somebody would make something similar. Respect is something that’s clearly missing in the apple world.

np08

jury verdict was absolutely spot on, accept the decision samsung and spend your money on innovation not duplication. even google told you not to copy the iPhone (not that they listened to their own advice) apple change the world with the iPhone…2012 was not the year of the copycat

Came on guys! We have to admit, tell me a new thing from apple? Iphone???? Where’s innovation from apple? Have you seen a galaxy S3? It’s amazing! From apple we only have a promise of an new iphone, wich is only an iphone with a bigger screen… sorry apple, try best, you can get there again. Consumers are more exigent now!

Pablo

The iPhone itself was a groundbreaking innovation that revolutionised the industry, so much so that Samesung just had to copy it. Siri was a great innovation (purchased by Apple) and expertly integrated into the iOS. Airplay mirroring, Flyover Maps (which Google had to rush to show off its attempt one day before Apple’s World Wide Developer Conference in a vain attempt to show up Apple), passbook coming in the next iOS. Before the iPhone mobile phones came with keypads and keyboards. Before the iPad, a tablet computer was a laptop with a 180 degree rotating screen. Before the MacBook Air, there were “netbooks,” no such things as “ultrabooks.” Apple’s iDevices just work, Samesung’s just look like Apple’s!

bryan cortez

Pablo these are commodities, not rare masterpieces. I can see how people have a point as to the extent things can be imitated but come on! It is a phone, not a painting.

Pablo did you in fact look at the LG Prada? It came out much before the iPhone.

For instance, Kobe Bryant copied Michael Jordan’s turn around fade away jumper. Without it a large part of his game is gone.

Should Kobe Bryant not be allowed to shoot turn around fade aways? No, it’s a natural standard of the game used by anybody good enough to execute the shot. Dirk Nowitzki also adopted it into his game. And so on and so forth.

It’s like saying
“Hey Kobe! That’s Jordan’s move. For every basket scored, 20% of the points goes to Michael Jordan’s career total and also gets added to the Chicago Bulls points ”

“History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.”

And history will record that Samsung is that company! You have slavishly copied Apple’s products, the chart that shows Samsung phones before and after the iPhone cannot be wished away. Why is it your phones all looked like Nokia’s before the iPhone revolutionised the industry and then – all of a sudden – they remarkably resemble the iPhone? Ditto the Galaxy Tablets that look remarkably like iPads! HTC, RIM and Sony are not being sued by Apple for trade dress and infringing design patents.

But, there’s more. Not content just to rip off Apple’s products, you use the same young girl in your advertisements for the Galaxy Tab that Apple used for its iPad, you open a Samsung Store in Sydney, Australia, that is a carbon copy of Apple’s Stores, right down to the staffs’ blue shirts. It was a pithy observation made by AllThingsD, “Samsung opens a new Apple Store in Sydney”

The fact is Apple is the innovator, and it has been awarded patents for its innovation which a jury found were valid and wilfully infringed upon by Samsung. Rubber banding and pinch to zoom are not Samsung’s inventions, they are Apple’s patented inventions.

It all came out in the trial, from your executives’ evasive answers to questioning by Apple’s lawyers, to your email correspondence and side by side, 120-page report, on what iPhone features to incorporate into your Samsung phones, to Google’s warning to you to change your designs, no doubt plucked right from the Apple tree – so to speak!

Apple is the innovator, you are the slavish copycats. And the jury saw it from Day 1 of the trial.

Samsung has brought quality smartphones to the masses. The S3 is by far the yummiest phone in the world and Apple and all their fans are secretly sick with envy. Stick it to them Samsung! You rock!! Keep on producing the best phones. The consumer will have the last say.

Pablo

The only thing one the S3 has going for it is a novelty feature that calls a person you are SMSing when you raise the phone to your ear (S-Voice is its attempt at Siri). When I think of how many times I have decided to ring a person mid way through texting them, I have not done it once. I can guarantee you I am most definitely not sick with envy for any Samsung product. But, on the other hand, Samsung has shown what it can do when it is not slavishly copying others products – it came up with a design that is distinct and what some may call a feature (raise to call).

I think Apple looking to make money with the business of patent lawsuits, I’m a happy customer of Samgung go again …

Pablo

And I think Samesung are looking to make money by slavishly ripping off Apple’ patented features and designs rather than competing fair and square in the market with its own feature-sets and designs.

Cesar

And I think Apple are looking to make money by slavishly ripping off other patented features and designs rather than competing fair and square in the market with its own feature-sets and designs, Tablet PC could be copied by Apple…

Pablo

Have you seen Apple’s recent earnings? $1 billion is pocket change! It’s not even one cent for every dollar Apple has in the bank.

Cesar

$1 billion is pocket change yes, but Apple will continue prosecuting other manufacturers / developers or you think that this is the end … This was just a test, if it works, go with others.

Mr. Fergus

It’s god to see Samsung taking part in the Korean national sport, theft.

Hey, everyone has a right to buy what they want- Android fans can buy their cheaply made iPhone knockoffs with the “free” operating system from google that subscribes to the Facebook model of making billions by selling the privacy of millions

I’ll pay for my phone, like I did my 3GS three years ago that still runs the latest ios6 beta, and the droid fans can buy a new phone every time their junk breaks or google comes out with another privacy stealing os

I’ll probably keep my 3GS for at least another year, because it still does everything I need it to

It serves you right! Justice at last! Samsung, you never should have messed with such a great customer. Those of us in the Apple community who used to buy your TVs and such, do so no more. (My wife and I are buying a new TV this week, and guess whose products aren’t on our shopping list? That’s right, slavish copier Samsung.)

Now, stop copying and start innovating, or stay out of the market. The world doesn’t need any more ethical and moral failure, thanks.

Im never going to buy anything from Apple anymore.
And as long as samsung keep bringing great product as its bringing now, I’m with them.
Im ditched my mac and my ipod, and now Im a proudly owner of a samsung series 5 (perfect fit for linux), a galaxy 2 and a galaxy player 5. The best products I ever owned.

During the trial Apple stated that THEY initiated some negotiations with Samsung 3 times, 3 times rejected by Samsung.
Regarding Germany Samsung has lost several trials with sales of some of their products forbidden as a result.
In no way Samsung is an innovative company in the mobile phone market, its latest success are due to Google and Android.
Keeping on disguising the truth like this is not going improve Samsung reputation.

Samsung in on the right direction. I feel sorry for 1 billion dollar, but I am pretty sure it won’t stop them. Apple can not sued everybody for touch screen or rounded corners on the phone, this is just ridicules those days. Look at the Safeway stores in California, Safeway products….. Almost all products have same colors the same idea of design of real producers?!? This is tough competition in the world. Do better, do faster etc… Of course there is some problem, that people using flagman’s ideas and copy that, but those days we have to take a good idea and do it Better than others, that is only one way. LG Prada phone in 2006 was much more like a first iPhone in 2007, nobody said nothing, just Google it… You will see Your self!!! You can’t go to the court because they have touch pad screen, especial when You as Samsung selling and making great parts for Apple!!! Go Samsumg!!! And Apple put everybody in a cage with iTunes this is Soooo uncomfortable and true… Other than that, Steve Jobs big Respect!!!! Planning to buy products from Samsung, just because I don’t wan’t to think who have iTunes on the computer or not, synchronize it or just freely operate and enjoy all kind of APP’s what great companies offer to us… Thanks for reading it!!!

Consumer – California – Mountain View

Juan Claudio

I am disagreeing with someone says Samsung fridges are craps i have one and i have LG washing machine and microwave ove and for that argue you would say it is bad ,but do notbth are each time better both LG and SAMSUNG are each time improving in all respects and spreading to great levels better than SONY THAT BY THE WAY IS ANOTHER EXAMPLE THAT IN TV SET THEY HAVE ONLY THE NAME IT IS A TOTALLY FAKE! .Another interesting topic here is that LG PRADA is older than Iphone and this one is very look alike that one and LG didn’t do nothing against and that shows that LG is consern about quality and improvement instead of demanding others company ,is the sane competence that make the d3ifference one day ,soon i hope,Apple will fall down painfully because of its stupid out of sense attitude t….if Apple wants to take away Samsung from everywhere that won,t happen not even in their dreams and for the one who said Samsung stuffs are plastic only try to throw down an iphone it will crash in many pieces it’s only glass the rest is BULLSHIT!!!… ON THE OTHER HAND ,THAT WAS A TRIAL THAT FROM THE BEGINNING SAMSUNG WAS LOST ,IN USA, CLOSE TO THE PLACE WHERE THE IPHONES ARE MADE WITH AMERICAN JUDGE AND AMERICAN JURY !WAS THAT FAIR? I GUESS NOT MAINLY THAT IN MUCH MORE COUNTRIES THE REASIN WAS GIVEN TO SAMSUNG, I SAY APPLE IS ACTING LIKE GANGSTERS AND ALL OF THIS IS VERY BAD FOR THE CUSTOMERS BUT I HOPE SOME DAY JUSTICE WILL BE SERVICED INDEED NOT LIKE NOW THAT WAS A REAL CIRCUS TO SDESTROY A COMPANY THAT HAS THE BEST DEVICE ON THE MARKET THE GALAXY S2 AND THAT IS SOMETHING THAT APPLE CAN NOT DEAL WITH AND TOOK THIS DIRTY METHOD BECAUSE PATTENT SYSTEM IS ABSOLUTELLY A JOKE AND ABSURD…I SWEARD THAT I WILL NEVER BUY THAT SHIT OF IPHONE OR ANY OTHER APPLE DEVICE ONLY SAMSUNG OR MY BELOVED NOKIA !!!!

Peter Chen

Apple is not innovative. Apple fans gets ridiculously excited about the most ridiculous “features” Apple basically gives a name to. Retina display, they advertise that because the average apple user won’t be attracted to “261 ppi” since they have absolutely no idea what the F that means. So they give it a name. iMessage? People got so hyped about it, and all it is is a chat over 3g. Facetime? How is this different from video calling over 3g? or Skype? It’s webcam chat.

Apple fans only say Apple is innovative because Apple advertises themselves as innovative. But when it comes down to what the innovation of the technology is, all they can say is how cool it is, but most are clueless what the innovation really is.

scott mitchell

Well put. Don’t forget they tried to be ultra hipster and coin the term “apps” which is a B.S. term for program.

Samsung ins on the right direction. I feel sorry for 1 billion dollar, but I am pretty sure it won’t stop them. Apple can not sued everybody for touch screen or rounded corners on the phone, this is just ridicules those days. Look at the Safeway stores in California, Safeway products….. Almost all products have same colors the same idea of design of real producers?!? This is tough competition in the world. Do better, do faster etc… Of course there is some problem, that people using flagman’s ideas and copy that, but those days we have to take a good idea and do it Better than others, that is only one way. LG Prada phone in 2006 was much more like a first iPhone in 2007, nobody said nothing, just Google it… You will see Your self!!! You can’t go to the court because they have touch pad screen, especial when You as Samsung selling and making great parts for Apple!!! Go Samsumg!!! And Apple put everybody in a cage with iTunes this is Soooo uncomfortable and true… Other than that, Steve Jobs big Respect!!!! Planning to buy products from Samsung, just because I don’t wan’t to think who have iTunes on the computer or not, synchronize it or just freely operate and enjoy all kind of APP’s what great companies offer to us… Thanks for reading it!!!

Plain and simple apple is a pitiful company at best. They woke up and decided to sue Samsung over devices that are 2 plus years old. Most devices not even being sold today in carrier stores. Let’s be honest here Apple is suing because Samsung is BETTER. Samsung has innovated many exceptional devices smartphones that are ground breaking especially the last 2yrs. Meanwhile what has apple really done when we talk about innovation they have done nothing. Case and point look at the Galaxy Note, Galaxy Nexus, Galaxy S2, Galaxy S3 all devices that honestly BITCH SLAP any iphone ever made. Now you have the upcoming Galaxy Note 2 as well as the upcoming Galaxy Nexus 2 and without even seeing any of these upcoming devices you already know they will be LEAPS AND BOUNDS better than any current or future iphone. Samsung will fight this to the bitter end and Apple better hope it doesn’t reach the United States Supreme Court. Because if it does not only will the money be consideribly lower but certain patents apple thinks they have will be voided. Apple wants to ban old devices at best that’s laughable go right ahead ban the old devices that Samsung has already made millions upon million on those devices are so old news. The current fleet of Samsung products are far more compelling and threaten to any iphone and trust me folks apple can only wish they were Samsung. Not only from an innovative standpointbut from a software standpoint Samsung BLOWS APPLE OUT OF THE WATER PERIOD. If your not rolling with Samsung then your simply not rolling with the BEST in the tech game.

“when its primary means to competition has been the outright abuse of patent law”. Shut up Samsung! You’ve dared to copy and you’ve been rightfully fined for it! Now you dare not try to take away credit from Apple for the legendary products they’ve built. Apple’s “primary means to competition” has been products that are beautiful and delightful, and not “outright abuse of patent law”. Once again, shut the hell up!

Come on man……….people are not stupid to buy a rectangular phone with rounded corners or with a feature that bounces back when you get down the screen……..This is hilarious….Apple needs to come up with iphone 5 that outsmarts Galaxy S3 and this is not the way…….. Apple’s thing is ridiculous……….

Let us not forget to mention the inconsistencies and lies that Apple tell. They play on the fact that they hope their buyers are stupid and have lots of spare money.

For example, The public queried the reason their iPhone 3 (I think I dont follow them), had a video camera but no still camera. Only to be told that the hardware it would need would be too large therefore making the phone thicker in part. Hmm sounds like a Samsung SII copy to me! regardless we all know with a basic knowledge of technology, that all they needed to do was use the software to take a single shot instead of a stream of video.

No doubt the real reason was that they were bringing out a new model which DID have a still camera (and wasnt any thicker). As this is pretty much the only difference why would you “upgrade” if they made the feature available on the previous model?

I hate Apple, we will either see an amazingly funky redesign of phones, take Google’s Project Glass for example. or a big freeze until Apple have tried to take out any other American companies with rectangular phones.

Apple you didn’t invent the rectangle, but you certainly are all squares.

I’m a proud Android user, both tablet and phone. It’s just better, let’s face it, and Apple know this. Plus I can do what I like with the devices I have paid my hard earned money for. I’m not restricted by the ghost of Jobs. Frikkin ridiculous communist company.

All thanks to the juries who probably didn’t understand difference between an Apple and a Pear!

Neal

Apple is Company of people with “Narrow-Minded” Bosses like MS. After the “Glorious Saving” by MS of Apple obviously they have to “Let-Go” the Innovation and start “Monopoly”, “Politics” and “Patent-Shit”. No doubt Samsung models which are being accused, are[/now i should use were- if Ban happens] ergonomically looking like iPhone.

What makes the difference between them is Technical Part, and Jury came up with “LOOKING”..

This is not Good.

Few Billion $$ for Samsung or Apple are not bothering numbers, what Apple [background - Microsoft] is looking forward to is making a Hurdle to Android. [take this a Google].

Now a company who Innovates on Buying and Re-selling other company’s Products(Innovations), should obviously feel Hurt for some other[non-American] company Pushing into their Territory of iPad and iPhone and updating their “Innovations” to Higher Levels.

Also they have to look forward to make a Room for “Windows 8 Phone OS”. This is MS pulling the strings and not Steve Jobs’s Apple.

Well Samsung no doubt is the Future of Mobile & Telecommunication. SAMSUNG ROCKS, and iPhone BRICKS. lol :)

Samsung Note II – will you be Unpacked this evening?

— Don’t take any of the comments personally. Every humanbeing has a Voice and it needs to be Heard.
— Special thanks to “Pirates of the Silicon Valley” movie makers.

Despite I hate with all my heart US patents system, I have to admit that Samsung could have done more to show originality. It’s much easier to start from what many consider the standard. But this unfortunately required some risks from Apple which Samsung isn’t taking. Windows Mobile did. If Samsung would have done more, than Apple image would have definitely be compromised by this court case.